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HomeMy WebLinkAboutMINUTES - 09202011 - C.14RECOMMENDATION(S): RECEIVE public report of litigation settlement agreements that became final during the period of August 1, 2011 - August 31, 2011, as recommended by the County Counsel. FISCAL IMPACT: Settlement amounts are listed below. BACKGROUND: Four agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during the period of August 1, 2011 - August 31, 2011. First National Bank of Northern California v. Contra Costa County, et al., CCC Sup. Ct. Case No. C11-00988. This case arose out of the defective installation of curb and gutter improvements in a Martinez-area subdivision. As part of a settlement and release agreement, the plaintiff agreed to pay the County $70,000 in delinquent subdivision fees and correct the defective curb and gutter. The Board authorized settlement on July 12, 2011, in closed session, by a 5-0 vote. The settlement became APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/20/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Thomas Geiger, 925-335-1800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 20, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey Boyd, Deputy cc: C.14 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:September 20, 2011 Contra Costa County Subject:RECEIVE public report of litigation settlement agreements that became final during the period of August 1, 2011 - August 31, 2011. BACKGROUND: (CONT'D) final on August 18, 2011. Dean Thomas Pratt, et al. v. East Bay Municipal Utility District, County of Contra Costa, CCC Sup. Ct. Case No. C10-00736. This case involved damage resulting from a tree branch that fell onto a car driving on a County-maintained road. As part of a settlement and release agreement, the Board of Supervisors authorized payment of $325,000 to the two plaintiffs, inclusive of attorney fees and costs. The Board authorized settlement on August 9, 2011, in closed session, by a 5-0 vote. The settlement became final on August 23, 2011. The settlement amount is paid through the Risk Management Liability Internal Service Fund. Contra Costa County v. Diamond Properties, et al., CCC Sup. Ct. Case No. C10-00248. This was an action to acquire certain property by eminent domain in the Antioch area as part of the State Route 4 East – Somersville Road to Route 160 widening project. It was agreed that the defendants would convey all necessary property interests to the County for $525,000. The Board of Supervisors authorized settlement in closed session on June 7, 2011, by a 4-0 vote, Supervisor Piepho absent. Judgment pursuant to the parties’ stipulation was entered on August 9, 2011. The settlement amount was paid through Contra Costa Transportation Authority funds. Contra Costa County v. Khatri, et al., CCC Sup. Ct. Case No. C10-01131. This was an action to acquire certain property by eminent domain in the Antioch area as part of the State Route 4 East – Somersville Road to Route 160 widening project. It was agreed that the defendants would convey all necessary property interests to the County for $700,000. The Board of Supervisors authorized settlement in closed session on July 26, 2011, by a 5-0 vote. Judgment pursuant to the parties’ stipulation was entered on August 22, 2011. The settlement amount was paid through Contra Costa Transportation Authority funds. This report includes final settlements of litigation matters handled by the Office of the County Counsel. This report does not include litigation settlements that were previously reported orally in open session or by the Risk Management Division of the County Administrator’s Office as a consent item on the Board’s open session agenda. CONSEQUENCE OF NEGATIVE ACTION: The report would not be accepted. CHILDREN'S IMPACT STATEMENT: Not applicable.